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Unregistered Design Rights (Bailiwick of Guernsey) Ordinance, 2005

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The Unregistered Design Rights (Bailiwick of Guernsey) Ordinance, 2005
 
ARRANGEMENT OF SECTIONS
 
PART I
DESIGN RIGHT IN ORIGINAL DESIGNS
 
Introductory
 
1.      Design right.
2.      Restrictions on subsistence of design right.
3.      The designer.
4.      Ownership of design right.
5.      Duration of design right.
 
Qualification for design right protection
 
6.      Qualifying individuals and qualifying persons.
7.      Qualification by reference to designer.
8.      Qualification by reference to commissioner or employer.
9.      Qualification by reference to first marketing.
10.      Power to make further provision as to qualification.
 
Dealings with design right
 
11.      Assignment and licences.
12.      Prospective ownership of design right.
13.      Assignment of right in registered design presumed to carry with it design right.
14.      Exclusive licences.
 
PART II
RIGHTS OF DESIGN RIGHT OWNER & REMEDIES
 
Infringement of design right
 
15.      Primary infringement of design right.
16.      Secondary infringement: importing or dealing with infringing product.
17.      Meaning of "infringing product".
 
Remedies for infringement
 
18.      Rights and remedies of design right owner.
19.      Order for delivery up.
20.      Order as to disposal of infringing products.
21.      Innocent infringement.
22.      Rights and remedies of exclusive licensee.
23.      Exercise of concurrent rights.
 
PART III
EXCEPTIONS TO RIGHTS OF DESIGN RIGHT OWNERS
 
Limitations on rights conferred by design right
 
24.      Specific exceptions.
25.      Products put on market by design right owner.
26.      Contested use must result from copying design.
 
Infringement of copyright
 
27.      Infringement of copyright.
 
Availability of licences of right
 
28.      Licences available in last five years of design right.
29.      Undertaking to take licence of right in infringement proceedings.
 
Crown or States use of designs
 
30.      Crown or States use of designs.
31.      Settlement of terms for Crown or States use.
32.      Rights of third parties in case of Crown or States use.
33.      Crown or States use: compensation for loss of profit.
34.      Special provisions for Crown or States use during emergency.
 
General
 
35.      Powers to provide for further exceptions.
 
PART IV
JURISDICTION OF THE ROYAL COURT
 
36.      Jurisdiction to decide matters relating to design right.
37.      Application to settle terms of licence of right.
38.      Settlement of terms where design right owner unknown.
39.      References of disputes relating to Crown or States use.
 
PART V
MISCELLANEOUS PROVISIONS & INTERPRETATION
 
40.      Remedy for groundless threats of infringement proceedings.
41.      Licensee under licence of right not to claim connection with design right owner.
42.      Countries enjoying reciprocal protection.
43.      Territorial waters.
44.      Guernsey ships.
45.      Construction of references to design right owner.
46.      Joint designs.
47.      General interpretation.
48.      Application to products in kit form.
49.      Requirement of signature: application in relation to body corporate.
50.      General provisions as to subordinate legislation.
51.      Saving for forfeited goods.
52.      Citation.
53.      Extent.
54.      Commencement.
 
The Unregistered Design Rights
(Bailiwick of Guernsey) Ordinance, 2005
 
THE STATES, in pursuance of their resolution of the 27th November, 2002[a], and in exercise of the powers conferred on them by sections 1 and 3 of the Intellectual Property (Enabling Provisions) (Bailiwick of Guernsey) Law, 2004[b] and all other powers enabling them in that behalf, hereby order:-
 
PART I
DESIGN RIGHT IN ORIGINAL DESIGNS
 
Introductory
 
Design right.
1.      (1)      "Design right" is a property right which subsists in accordance with this Ordinance in a design to the extent that it is original and has individual character.
 
(2)      In this Ordinance "design" means the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture or materials of the product or its ornamentation.
 
(3)      A design is not "original" for the purposes of this Ordinance if it is commonplace in the design field in question at the time of its creation.
 
(4)      A design ("the relevant design") has "individual character" for the purposes of this Ordinance if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any other design which has been made available to the public before the date on which the relevant design was first recorded in a design document or a product was first made to it, whichever first occurred.
 
(5)      However, for the purposes of subsection (4), the relevant design shall be deemed not to have individual character if its features differ only in immaterial details from the other design.
 
(6)      In assessing individual character, but subject to subsection (5), the degree of freedom of the designer in developing the design shall be taken into consideration.
 
(7)      A design shall be deemed to have been "made available to the public" for the purposes of subsection (4) if it has been published, exhibited, used in trade or otherwise disclosed, except where these events could not reasonably have become known in the normal course of business to the circles specialised in the sector concerned operating within the Bailiwick or another qualifying country.
 
(8)      For the purposes of subsection (7) -
 
(a)      a design shall not be deemed to have been made available to the public for the sole reason that it has been disclosed to a third person under explicit or implicit conditions of confidentiality, and
 
(b)      without limitation, a design shall be deemed to have been "published" if it has been registered by the Registrar of Intellectual Property ("the Registrar") in the Register of Designs in accordance with the provisions of the Registered Designs (Bailiwick of Guernsey) Ordinance, 2005.
 
Restrictions on subsistence of design right.
2.      (1)      Design right does not subsist in -
 
(a)      a method or principle of construction,
 
(b)      features of shape or configuration of a product which -
 
(i)      enable the product to be connected to, or placed in, around or against, another product so that either product may perform its function, or
 
(ii)      are dependent upon the appearance of another product of which the product is intended by the designer to form an integral part, or
 
(c)      a design which is contrary to public policy or to accepted principles of morality.
 
However, paragraph (b) does not prevent design right subsisting in a design serving the purpose of allowing the multiple assembly or connection of mutually interchangeable products within a modular system or other kit form.
 
(2)      Design right subsists in a design only if the design qualifies for design right protection -
 
(a)      by reference to the designer or the person by whom the design was commissioned or the designer was employed (see sections 7 and 8),
 
(b)      by reference to the person by whom and country in which products made to the design were first marketed (see section 9), or
 
(c)      in accordance with regulations of the States of Guernsey Commerce and Employment Department ("the Department") under section 10 (power to make further provision with respect to qualification).
 
(3)      Design right does not subsist in a design which consists of or contains a controlled representation within the meaning of the Olympic Symbol etc. (Protection) Act 1995[c].
 
(4)      Design right does not subsist unless and until -
 
(a)      the design is recorded in a design document, or
 
(b)      a product is made to the design.
 
(5)      Design right does not subsist in a design which was so recorded, or to which a product was made, before the commencement of this Ordinance.
 
The designer.
3.      (1)      In this Ordinance the "designer", in relation to a design, means the person who creates it.
 
(2)      In the case of a computer-generated design the person by whom the arrangements necessary for the creation of the design are undertaken shall be taken to be the designer.
 
Ownership of design right.
4.      (1)      The designer is the first owner of any design right in a design which is not created in pursuance of a commission or in the course of employment.
 
(2)      Where a design is created in pursuance of a commission, the person commissioning the design is the first owner of any design right in it.
 
(3)      Where, in a case not falling within subsection (2), a design is created by an employee in the course of his employment, his employer is the first owner of any design right in the design.
 
(4)      If a design qualifies for design right protection by virtue of section 9 (qualification by reference to first marketing of products made to the design), the above rules do not apply and the person by whom the products in question are marketed is the first owner of the design right.
 
Duration of design right.
5.      (1)      Design right expires -
 
(a)      15 years from the end of the calendar year in which the design was first recorded in a design document or a product was first made to the design, whichever first occurred, or
 
(b)      if products made to the design are made available for sale or hire within 5 years from the end of that calendar year, 10 years from the end of the calendar year in which that first occurred.
 
(2)      The reference in subsection (1) to products being made available for sale or hire is to their being made so available within the Bailiwick or another qualifying country by or with the licence of the design right owner.
 
Qualification for design right protection
 
Qualifying individuals and qualifying persons.
6.      (1)      In this Ordinance -
 
"qualifying individual" means a citizen or subject of, or an individual habitually resident in, a qualifying country, and
 
"qualifying person" means a qualifying individual or a body corporate or other body having legal personality -
 
(a)      which is formed under the law of the Bailiwick or any part thereof or another qualifying country, and
 
(b)      which has in the Bailiwick or another qualifying country a place of business at which substantial business activity is carried on,
 
and "qualifying person" includes the Crown, the States of Guernsey, the States of Alderney, the Chief Pleas of Sark and the government of any other qualifying country.
 
(2)      In this section "qualifying country" means -
 
(a)      the Bailiwick, the Bailiwick of Jersey or the Isle of Man,
 
(b)      an EEA State, or
 
(c)      to the extent that regulations under section 42 so provide, a country designated under that section as enjoying reciprocal protection.
 
(3)      The reference in the definition of "qualifying individual" to a person’s being a citizen or subject of a qualifying country shall be construed -
 
(a)      in relation to the Bailiwick, the United Kingdom, the Bailiwick of Jersey and the Isle of Man, as a reference to his being a British citizen, and
 
(b)      in relation to a colony of the United Kingdom, as a reference to his being a British overseas territories' citizen by connection with that colony.
 
(4)      In determining for the purpose of the definition of "qualifying person" whether substantial business activity is carried on at a place of business in any country, no account shall be taken of dealings in goods which are at all material times outside that country.
 
Qualification by reference to designer.
7.      (1)      This section applies to a design which is not created in pursuance of a commission or in the course of employment.
 
(2)      A design to which this section applies qualifies for design right protection if the designer is a qualifying individual or, in the case of a computer-generated design, a qualifying person.
 
(3)      A joint design to which this section applies qualifies for design right protection if any of the designers is a qualifying individual or a qualifying person.
 
(4)      Where a joint design qualifies for design right protection under this section only those designers who are qualifying individuals or qualifying persons are entitled to design right under section 4(1) (first ownership of design right: entitlement of designer).
 
Qualification by reference to commissioner or employer.
8.      (1)      A design qualifies for design right protection if it is created in pursuance of a commission from, or in the course of employment with, a qualifying person.
 
(2)      In the case of a joint commission or joint employment a design qualifies for design right protection if any of the commissioners or employers is a qualifying person.
 
(3)      Where a design which is jointly commissioned or created in the course of joint employment qualifies for design right protection under this section, only those commissioners or employers who are qualifying persons are entitled to design right under section 4(2) or (3) (first ownership of design right: entitlement of commissioner or employer).
 
Qualification by reference to first marketing.
9.      (1)      A design which does not qualify for design right protection under section 7 or 8 (qualification by reference to designer, commissioner or employer) qualifies for design right protection if the first marketing of products made to the design -
 
(a)      is by a qualifying person who is exclusively authorised to put such products on the market in the Bailiwick, and
 
(b)      takes place in the Bailiwick or another qualifying country.
 
(2)      If the first marketing of products made to the design is done jointly by two or more persons, the design qualifies for design right protection if any of those persons meets the requirements specified in subsection (1)(a).
 
(3)      In such a case only the persons who meet those requirements are entitled to design right under section 4(4) (first ownership of design right: entitlement of first marketer of products made to the design).
 
(4)      In subsection (1)(a) "exclusively authorised" refers -
 
(a)      to authorisation by -
 
(i)      the person who would have been first owner of design right as designer, commissioner of the design or employer of the designer if he had been a qualifying person, or
 
(ii)      a person lawfully claiming under such a person, and
 
(b)      to exclusivity capable of being enforced by legal proceedings in the Bailiwick.
 
Power to make further provision as to qualification.
10.      (1)      The Department may, with a view to fulfilling an international obligation which extends to the Bailiwick, by regulation provide that a design qualifies for design right protection if the requirements specified in the regulation are met.
 
(2)      Regulations may make -
 
(a)      different provision for different descriptions of design or product, and
 
(b)      such consequential modifications to the operation of section 4 (ownership of design right) and sections 7 to 9 (other means of qualification) as appear to the Department to be appropriate.
 
Dealings with design right
 
Assignment and licences.
11.      (1)      Design right is transferable -
 
(a)      by assignment,
 
(b)      by testamentary disposition, and
 
(c)      by operation of law,
 
as personal or movable property.
 
(2)      An assignment or other transfer of design right may be partial, that is, limited so as to apply -
 
(a)      to one or more, but not all, of the things the design right owner has the exclusive right to do,
 
(b)      to part, but not the whole, of the period for which the right is to subsist.
 
(3)      An assignment of design right is not effective unless it is in writing signed by or on behalf of the assignor.
 
(4)      A licence granted by the owner of design right is binding on every successor in title to his interest in the right, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from that purchaser, and references in this Ordinance to doing anything with or without the licence of the design right owner shall be construed accordingly.
 
Prospective ownership of design right.
12.      (1)      Where by an agreement made in relation to future design right, and signed by or on behalf of the prospective owner of the design right, the prospective owner purports to assign the future design right (wholly or partially) to another person, then if, on the right coming into existence, the assignee or another person claiming under him would be entitled as against all other persons to require the right to be vested in him, the right shall vest in him by virtue of this section.
 
(2)      In this section -
 
"future design right" means design right which will or may come into existence in respect of a future design or class of designs or on the occurrence of a future event, and
 
"prospective owner" shall be construed accordingly, and includes a person who is prospectively entitled to design right by virtue of the agreement mentioned in subsection (1).
 
(3)      A licence granted by a prospective owner of design right is binding on every successor in title to his interest (or prospective interest) in the right, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from that purchaser, and references in this Ordinance to doing anything with or without the licence of the design right owner shall be construed accordingly.
 
Assignment of right in registered design presumed to carry with it design right.
13.      Where a design consisting of a design in which design right subsists is registered in the Register of Designs in accordance with the provisions of the Registered Designs (Bailiwick of Guernsey) Ordinance, 2005, and the proprietor of the registered design is also the design right owner, an assignment of the right in the registered design shall be taken also to be an assignment of the design right, unless a contrary intention appears.
 
Exclusive licences.
14.      (1)      In this Ordinance an "exclusive licence" means a licence in writing signed by or on behalf of the design right owner authorising the licensee, to the exclusion of all other persons, including the person granting the licence, to exercise a right which would otherwise be exercisable exclusively by the design right owner.
 
(2)      The licensee under an exclusive licence has the same rights against any successor in title who is bound by the licence as he has against the person granting the licence.
 
PART II
RIGHTS OF DESIGN RIGHT OWNER & REMEDIES
 
Infringement of design right
 
Primary infringement of design right.
15.      (1)      The owner of design right in a design has the exclusive right to reproduce the design for commercial purposes -
 
(a)      by making products to that design, and
 
(b)      by making a design document recording the design for the purpose of enabling such products to be made.
 
(2)      Reproduction of a design by making products to the design means copying the design so as to produce products exactly or substantially to that design; and, for these purposes, a product is made "substantially" to a particular design if it is made to a design which does not produce on the informed user an overall impression which differs from the overall impression produced on such a user by that particular design.
 
References in this Ordinance to making products to a design shall be construed accordingly.
 
(3)      Design right is infringed by a person who without the licence of the design right owner does, or authorises another to do, anything which by virtue of this section is the exclusive right of the design right owner.
 
(4)      For the purposes of this section reproduction may be direct or indirect, and it is immaterial whether any intervening acts themselves infringe the design right.
 
(5)      This section has effect subject to the provisions of Part III (exceptions to rights of design right owner).
 
Secondary infringement: importing or dealing with infringing product.
16.      (1)      Design right is infringed by a person who, without the licence of the design right owner -
 
(a)      imports into the Bailiwick for commercial purposes,
 
(b)      has in his possession for commercial purposes, or
 
(c)      sells, lets for hire, or offers or exposes for sale or hire, in the course of a business,
 
a product which is, and which he knows or has reason to believe is, an infringing product.
 
(2)      This section has effect subject to the provisions of Part III (exceptions to rights of design right owner).
 
Meaning of "infringing product".
17.      (1)      In this Ordinance "infringing product", in relation to a design, shall be construed in accordance with this section.
 
(2)      A product is an infringing product if its making to that design was an infringement of design right in the design.
 
(3)      A product is also an infringing product if -
 
(a)      it has been or is proposed to be imported into the Bailiwick, and
 
(b)      its making to that design in the Bailiwick would have been an infringement of design right in the design or a breach of an exclusive licence agreement relating to the design.
 
(4)      Where it is shown that a product is made to a design in which design right subsists or has subsisted at any time, it shall be presumed until the contrary is proved that the product was made at a time when design right subsisted.
 
(5)      Nothing in subsection (3) shall be construed as applying to a product which may lawfully be imported into the Bailiwick by virtue of any enforceable Community right within the meaning of section 2(1) of the European Communities (Bailiwick of Guernsey) Law, 1973[d].
 
(6)      The expression "infringing product" does not include a design document, notwithstanding that its making was or would have been an infringement of design right.
 
Remedies for infringement
 
Rights and remedies of design right owner.
18.      (1)      An infringement of design right is actionable by the design right owner.
 
(2)      In an action for infringement of design right all such relief by way of damages, injunctions, accounts or otherwise is available to the plaintiff as is available in respect of the infringement of any other property right.
 
(3)      The court may in an action for infringement of design right, having regard to all the circumstances and in particular to -
 
(a)      the flagrancy of the infringement, and
 
(b)      any benefit accruing to the defendant by reason of the infringement,
 
award such additional damages as the justice of the case may require.
 
(4)      This section has effect subject to section 21 (innocent infringement).
 
Order for delivery up.
19.      (1)      Where a person -
 
(a)      has in his possession, custody or control for commercial purposes an infringing product, or
 
(b)      has in his possession, custody or control anything specifically designed or adapted for making products to a particular design, knowing or having reason to believe that it has been or is to be used to make an infringing product,
 
the owner of the design right in the design in question may apply to the court for an order that the infringing product or other thing be delivered up to him or to any other person as the court may direct.
 
(2)      An application shall not be made after the end of the period specified in the following provisions of this section, and no order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order under section 20 (order as to disposal of infringing product).
 
(3)      An application for an order under this section may not be made after the end of a period of six years from the date on which the product or thing in question was made, subject to subsection (4).
 
(4)      If during the whole or any part of that period the design right owner -
 
(a)      is a minor or is under legal disability, or
 
(b)      is prevented by fraud or concealment from discovering the facts entitling him to apply for an order,
 
an application may be made at any time before the end of a period of six years from the date on which he ceased to be a minor or under legal disability or (as the case may be) could with reasonable diligence have discovered those facts.
 
(5)      A person to whom an infringing product or other thing is delivered up in pursuance of an order under this section shall, if an order under section 20 is not made, retain it pending the making of an order, or the decision not to make an order, under that section.
 
(6)      Nothing in this section affects any other power of the court.
 
Order as to disposal of infringing products.
20.      (1)      An application may be made to the magistrate's court for an order that an infringing product or other thing delivered up pursuant to an order under section 19 shall be -
 
(a)      forfeited to the design right owner, or
 
(b)      destroyed or otherwise dealt with as the magistrate's court thinks fit,
 
or for a decision that no such order should be made.
 
(2)      In considering what order (if any) should be made, the magistrate's court shall consider whether other remedies available in an action for infringement of design right would be adequate to compensate the design right owner and to protect his interests.
 
(3)      The magistrate's court may make such order as it thinks just as to the service of notice of proceedings for an order under this section on persons having an interest in the product or other thing, and any such person is entitled -
 
(a)      to appear in such proceedings, whether or not he was served with notice, and
 
(b)      to appeal against any order made, whether or not he appeared.
 
(4)      An order shall not take effect until the end of the period within which notice of appeal may be given or, if before the end of that period notice of appeal is duly given, until final disposal of the proceedings on the appeal.
 
(5)      Where there is more than one person interested in a product or other thing, the magistrate's court shall make such order as it thinks just and may (in particular) direct that the thing be sold, or otherwise dealt with, and the proceeds divided.
 
(6)      If the magistrate's court decides that no order should be made under this section, the person in whose possession, custody or control the product or other thing was before being delivered up is entitled to its return.
 
(7)      References in this section to a person having an interest in a product or other thing include any person in whose favour an order could be made in respect of it under this section, under section 141 of the Copyright (Bailiwick of Guernsey) Ordinance, 2005, under section 44 of the Performers' Rights (Bailiwick of Guernsey) Ordinance, 2005 or under the corresponding section of the Trade Marks (Bailiwick of Guernsey) Ordinance, 2006 (which make similar provision in relation to infringement of copyright, rights in performances and trade marks).
 
(8)      For the purposes of this section the "magistrate's court" means the court which made the order for delivery up under section 19 or, if that court is no longer seised of the matter -
 
(a)      where the application is to be made in Alderney, the Court of Alderney,
 
(b)      where the application is to be made in Sark, the Court of the Seneschal, and
 
(c)      in any other case, the Magistrate's Court in Guernsey.
 
Innocent infringement.
21.      (1)      Where in an action for infringement of design right brought by virtue of section 15 (primary infringement) it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that design right subsisted in the design to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy.
 
(2)      Where in an action for infringement of design right brought by virtue of section 16 (secondary infringement) a defendant shows that the infringing product was innocently acquired by him or a predecessor in title of his, the only remedy available against him in respect of the infringement is damages not exceeding a reasonable royalty in respect of the act complained of.
 
(3)      In subsection (2) "innocently acquired" means that the person acquiring the product did not know and had no reason to believe that it was an infringing product.
 
Rights and remedies of exclusive licensee.
22.      (1)      An exclusive licensee has, except against the design right owner, the same rights and remedies in respect of matters occurring after the grant of the licence as if the licence had been an assignment.
 
(2)      His rights and remedies are concurrent with those of the design right owner and references in the relevant provisions of this Ordinance to the design right owner shall be construed accordingly.
 
(3)      In an action brought by an exclusive licensee by virtue of this section a defendant may avail himself of any defence which would have been available to him if the action had been brought by the design right owner.
 
Exercise of concurrent rights.
23.      (1)      Where an action for infringement of design right brought by the design right owner or an exclusive licensee relates (wholly or partly) to an infringement in respect of which they have concurrent rights of action, the design right owner or, as the case may be, the exclusive licensee may not, without the leave of the court, proceed with the action unless the other is either joined as a plaintiff or added as a defendant.
 
(2)      A design right owner or exclusive licensee who is added as a defendant in pursuance of subsection (1) is not liable for any costs in the action unless he takes part in the proceedings.
 
(3)      The above provisions do not affect the granting of interlocutory relief on the application of the design right owner or an exclusive licensee.
 
(4)      Where an action for infringement of design right is brought which relates (wholly or partly) to an infringement in respect of which the design right owner and an exclusive licensee have concurrent rights of action -
 
(a)      the court shall, in assessing damages, take into account-
 
(i)      the terms of the licence, and
 
(ii)      any pecuniary remedy already awarded or available to either of them in respect of the infringement,
 
(b)      no account of profits shall be directed if an award of damages has been made, or an account of profits has been directed, in favour of the other of them in respect of the infringement, and
 
(c)      the court shall, if an account of profits is directed, apportion the profits between them as the court considers just, subject to any agreement between them,
 
and these provisions apply whether or not the design right owner and exclusive licensee are both parties to the action.
 
(5)      The design right owner shall notify any exclusive licensee having concurrent rights before applying for an order under section 19 (order for delivery up of infringing product, etc.) and the court may, on the application of the licensee, make such order under that section as it thinks fit having regard to the terms of the licence.
 
PART III
EXCEPTIONS TO RIGHTS OF DESIGN RIGHT OWNERS
 
Limitations on rights conferred by design right
 
Specific exceptions.
24.      The rights conferred by design right are not infringed by -
 
(a)      acts done privately and for non-commercial purposes,
 
(b)      acts done for experimental purposes,
 
(c)      acts of reproduction for the purpose of making citations or of teaching, provided that such acts are compatible with fair trade practice and do not unduly prejudice the normal exploitation of the design, and that mention is made of the source,
 
(d)      the equipment on ships and aircraft registered elsewhere than in the Bailiwick when they temporarily enter the Bailiwick,
 
(e)      the importation into the Bailiwick of spare parts and accessories for the purpose of repairing such ships and aircraft, or
 
(f)      the execution of repairs on such ships and aircraft.
 
Products put on market by design right owner.
25.      The rights conferred by design right do not extend to acts relating to a product in which a design included within the scope of protection of design right is incorporated or to which it is applied when the product has been put on the market in the Bailiwick or another qualifying country by the owner of the design right or with his consent.
 
Contested use must result from copying design.
26.      (1)      The rights conferred by design right are infringed only if the contested use results from copying the protected design.
 
(2)      The contested use shall not be deemed to result from copying the protected design if it results from an independent work of creation by a designer who may reasonably be thought not to be familiar with the design.
 
(3)      For these purposes, the degree of freedom of the designer in developing his design shall be taken into consideration.
 
Infringement of copyright
 
Infringement of copyright.
27.      Where copyright subsists in a work which consists of or includes a design -
 
(a)      of any aspect of the shape or configuration (whether internal or external) of the whole or part of a product, and
 
(b)      in which design right subsists,
 
it is not an infringement of design right in the design to do anything which is an infringement of the copyright in that work.
 
Availability of licences of right
 
Licences available in last five years of design right.
28.      (1)      Any person is entitled as of right to a licence to do in the last five years of the design right term anything which would otherwise infringe the design right.
 
(2)      The terms of the licence shall, in default of agreement, be determined by the Royal Court.
 
(3)      The Department may, if it appears to them necessary in order to -
 
(a)      comply with an international obligation which extends to the Bailiwick, or
 
(b)      secure or maintain reciprocal protection for Bailiwick designs in other countries,
 
by regulation exclude from the operation of subsection (1) designs of a description specified in the regulation or designs applied to products of a description so specified.
 
(4)      In this Ordinance, unless the context requires otherwise, "the Royal Court" means the Royal Court sitting as an Ordinary Court; and, for the purposes of this Ordinance, the Royal Court -
 
(a)      is properly constituted by the Bailiff sitting unaccompanied by the Jurats,
 
(b)      may appoint one or more assessors to assist it in the determination of any matter before it, and
 
(c)      has, in relation to functions conferred on it by this Ordinance, jurisdiction throughout the Bailiwick.
 
Undertaking to take licence of right in infringement proceedings.
29.      (1)      If, in proceedings for infringement of design right in a design in respect of which a licence is available as of right under section 28, the defendant undertakes to take a licence on such terms as may be agreed or, in default of agreement, determined by the Royal Court under that section -
 
(a)      no injunction shall be granted against him,
 
(b)      no order for delivery up shall be made under section 19, and
 
(c)      the amount recoverable against him by way of damages or on account of profits shall not exceed double the amount which would have been payable by him as licensee if such a licence on those terms had been granted before the earliest infringement.
 
(2)      An undertaking may be given at any time before final order in the proceedings, without any admission of liability.
 
(3)      Nothing in this section affects the remedies available in respect of an infringement committed before licences of right were available.
 
Crown or States use of designs
 
Crown or States use of designs.
30.      (1)      The States or any department thereof, any government department of the United Kingdom and any person authorised in writing by any department of the States or any such government department may, without the licence of the design right owner and without infringing the design right -
 
(a)      do anything for the purpose of supplying products for the services of the Crown or the States, or
 
(b)      dispose of products no longer required for the services of the Crown or the States.
 
(2)      In this section "the States" includes the States of Guernsey, the States of Alderney and the Chief Pleas of Sark.
 
(3)      References in this Ordinance to "the services of the Crown or the States" are to -
 
(a)      the defence of the British Islands,
 
(b)      foreign defence purposes, and
 
(c)      health service purposes.
 
(4)      The reference to the supply of products for "foreign defence purposes" is to their supply for -
 
(a)      the defence of a country outside the British Islands in pursuance of an agreement or arrangement to which the government of that country and Her Majesty's Government in the United Kingdom are parties, or
 
(b)      use by armed forces operating in pursuance of a resolution of the United Nations or one of its organs.
 
(5)      The reference to the supply of products for "health service purposes" are to their supply for the purpose of providing medical, pharmaceutical, physiotherapy and other services in respect of which benefit is for the time being provided under the Health Service (Benefit) (Guernsey) Law, 1990[e].
 
(6)      In this Ordinance -
 
"Crown or States use", in relation to a design, means the doing of anything by virtue of this section which would otherwise be an infringement of design right in the design, and
 
"the department concerned", in relation to that use, means the department of the States, or the government department of the United Kingdom, by whom or on whose authority the act was done.
 
(7)      The authority of a department of the States, or a government department of the United Kingdom, in respect of Crown or States use of a design may be given to a person either before or after the use and whether or not he is authorised, directly or indirectly, by the design right owner to do anything in relation to the design.
 
(8)      A person acquiring anything sold in the exercise of powers conferred by this section, and any person claiming under him, may deal with it in the same manner as if the design right were held on behalf of the Crown or (as the case may be) the States.
 
Settlement of terms for Crown or States use.
31.      (1)      Where Crown or States use is made of a design, the department concerned shall -
 
(a)      notify the design right owner as soon as practicable, and
 
(b)      give him such information as to the extent of the use as he may from time to time require,
 
unless it appears to the department that it would be contrary to the public interest to do so or the identity of the design right owner cannot be ascertained on reasonable inquiry.
 
(2)      Crown or States use of a design shall be on such terms as, either before or after the use, may be agreed between the department concerned and the design right owner or, in default of agreement, determined by the Royal Court.
 
(3)      Where the identity of the design right owner cannot be ascertained on reasonable inquiry, the department concerned may apply to the Royal Court which may order that no royalty or other sum shall be payable in respect of Crown or States use of the design until the owner agrees terms with the department concerned or refers the matter to the Royal Court for determination.
 
Rights of third parties in case of Crown or States use.
32.      (1)      The provisions of any licence, assignment or agreement made between the design right owner (or anyone deriving title from him or from whom he derives title) and any person other than a department of the States or a government department of the United Kingdom are of no effect in relation to Crown or States use of a design, or any act incidental to Crown or States use, so far as they -
 
(a)      restrict or regulate anything done in relation to the design, or the use of any model, document or other information relating to it, or
 
(b)      provide for the making of payments in respect of, or calculated by reference to, that use,
 
and the copying or issuing to the public of copies of any such model or document in connection with the thing done, or any such use, shall be deemed not to be an infringement of any copyright in the model or document.
 
(2)      Subsection (1) shall not be construed as authorising the disclosure of any such model, document or information in contravention of the licence, assignment or agreement.
 
(3)      Where an exclusive licence is in force in respect of the design-
 
(a)      if the licence was granted for royalties -
 
(i)      any agreement between the design right owner and a department of the States or government department of the United Kingdom under section 31 (settlement of terms for Crown or States use) requires the consent of the licensee, and
 
(ii)      the licensee is entitled to recover from the design right owner such part of the payment for Crown or States use as may be agreed between them or, in default of agreement, determined by the Royal Court,
 
(b)      if the licence was granted otherwise than for royalties -
 
(i)      section 31 applies in relation to anything done which but for section 30 (Crown or States use) and subsection (1) would be an infringement of the rights of the licensee with the substitution for references to the design right owner of references to the licensee, and
 
(ii)      section 31 does not apply in relation to anything done by the licensee by virtue of an authority given under section 30.
 
(4)      Where the design right has been assigned to the design right owner in consideration of royalties -
 
(a)      section 31 applies in relation to Crown or States use of the design as if the references to the design right owner included the assignor, and any payment for Crown or States use shall be divided between them in such proportion as may be agreed or, in default of agreement, determined by the Royal Court, and
 
(b)      section 31 applies in relation to any act incidental to Crown or States use as it applies in relation to Crown or States use of the design.
 
(5)      Where any model, document or other information relating to a design is used in connection with Crown or States use of the design, or any act incidental to Crown or States use, section 31 applies to the use of the model, document or other information with the substitution for the references to the design right owner of references to the person entitled to the benefit of any provision of an agreement rendered inoperative by subsection (1).
 
(6)      In this section -
 
"act incidental to Crown or States use" means anything done for the services of the Crown or the States to the order of a department of the States or a government department of the United Kingdom by the design right owner in respect of a design,
 
"payment for Crown or States use" means the amount payable by the department concerned by virtue of section 31, and
 
"royalties" includes any benefit determined by reference to the use of the design.
 
Crown or States use: compensation for loss of profit.
33.      (1)      Where Crown or States use is made of a design, the department concerned shall pay -
 
(a)      to the design right owner, or
 
(b)      if there is an exclusive licence in force in respect of the design, to the exclusive licensee,
 
compensation for any loss resulting from his not being awarded a contract to supply the products made to the design.
 
(2)      Compensation is payable only to the extent that any contract could have been fulfilled from his existing manufacturing capacity, but is payable notwithstanding the existence of circumstances rendering him ineligible for the award of such a contract.
 
(3)      In determining the loss, regard shall be had to the profit which would have been made on such a contract and to the extent to which any manufacturing capacity was under-used.
 
(4)      No compensation is payable in respect of any failure to secure contracts for the supply of products made to the design otherwise than for the services of the Crown or the States.
 
(5)      The amount payable shall, if not agreed between the design right owner or licensee and the department concerned, be determined by the Royal Court on a reference under section 39, and is in addition to any amount payable under section 31 or 32.
 
Special provisions for Crown or States use during emergency.
34.      (1)      During a period of emergency the powers exercisable in relation to a design by virtue of section 30 (Crown or States use) include power to do any act which would otherwise be an infringement of design right for any purpose which appears to the department concerned necessary or expedient -
 
(a)      for the efficient prosecution of any war in which Her Majesty may be engaged,
 
(b)      for the maintenance of supplies and services essential to the life of the community,
 
(c)      for securing a sufficiency of supplies and services essential to the well-being of the community,
 
(d)      for promoting the productivity of industry, commerce, agriculture and fisheries,
 
(e)      for fostering and directing exports and reducing imports, or imports of any classes, from all or any countries and for redressing the balance of trade,
 
(f)      generally for ensuring that the whole resources of the community are available for use, and are used, in a manner best calculated to serve the interests of the community, or
 
(g)      for assisting the relief of suffering and the restoration and distribution of essential supplies and services in any country outside the Bailiwick which is in grave distress as the result of war.
 
(2)      References in this Ordinance to the services of the Crown or the States include, as respects a period of emergency, those purposes, and references to "Crown or States use" include any act which would apart from this section be an infringement of design right.
 
(3)      In this section "period of emergency" means a period during which an order made by the Emergency Powers Authority under the Emergency Powers (Bailiwick of Guernsey) Law, 1965[f] declaring a state of emergency to exist remains in force.
 
General
 
Powers to provide for further exceptions.
35.      (1)      The Department may, if it appears to it necessary in order to -
 
(a)      comply with an international obligation which extends to the Bailiwick, or
 
(b)      secure or maintain reciprocal protection for Bailiwick designs in other countries,
 
by regulation provide that acts of a description specified in the regulation do not infringe design right.
 
(2)      Regulations under subsection (1) may make different provision for different descriptions of design or product.
 
PART IV
JURISDICTION OF THE ROYAL COURT
 
Jurisdiction to decide matters relating to design right.
36.      (1)      A party to a dispute as to any of the following matters may refer the dispute to the Royal Court for its decision -
 
(a)      the subsistence of design right,
 
(b)      the term of design right, or
 
(c)      the identity of the person in whom design right first vested,
 
and the Royal Court's decision on the reference is, subject to any appeal to the Court of Appeal from that decision on a question of law, binding on the parties to the dispute.
 
(2)      No other court or tribunal shall decide those matters except -
 
(a)      on an appeal from the Royal Court,
 
(b)      in infringement or other proceedings in which the issue arises incidentally, or
 
(c)      in proceedings brought with the agreement of the parties.
 
(3)      The Royal Court has jurisdiction to decide any incidental question of fact or law arising in the course of a reference under this section.
 
Application to settle terms of licence of right.
37.      (1)      A person requiring a licence which is available as of right by virtue of section 28 (licences available in last five years of design right) may apply to the Royal Court to settle the terms of the licence.
 
(2)      No application for the settlement of the terms of a licence available by virtue of section 28 may be made earlier than one year before the earliest date on which the licence may take effect under that section.
 
(3)      The terms of a licence settled by the Royal Court shall authorise the licensee to do everything which would be an infringement of the design right in the absence of a licence.
 
(4)      In settling the terms of a licence the Royal Court shall, without limitation, have regard to such factors as may be prescribed by regulations of the Department.
 
(5)      Where the terms of a licence are settled by the Royal Court, the licence has effect, unless the Royal Court orders otherwise -
 
(a)      in the case of an application made before the earliest date on which the licence may take effect under section 28, from that date,
 
(b)      in any other case, from the date on which the application to the Royal Court was made.
 
Settlement of terms where design right owner unknown.
38.      (1)      This section applies where a person making an application under section 37 (settlement of terms of licence of right) is unable on reasonable inquiry to discover the identity of the design right owner.
 
(2)      The Royal Court may, in settling the terms of the licence, order that the licence shall be free of any obligation as to royalties or other payments.
 
(3)      If such an order is made the design right owner may apply to the Royal Court to vary the terms of the licence with effect from the date on which his application is made.
 
(4)      If the terms of a licence are settled by the Royal Court and it is subsequently established that a licence was not available as of right, the licensee is not liable in damages for, or for an account of profits in respect of, anything done before he was aware of any claim by the design right owner that a licence was not available.
 
References of disputes relating to Crown or States use.
39.      (1)      A dispute as to any matter which falls to be determined by the Royal Court in default of agreement under -
 
(a)      section 31 (settlement of terms for Crown or States use),
 
(b)      section 32 (rights of third parties in cases of Crown or States use), or
 
(c)      section 33 (Crown or States use: compensation for loss of profit),
 
may be referred to the Royal Court by any party to the dispute.
 
(2)      In determining a dispute between a department of the States or a government department of the United Kingdom and any person as to the terms for Crown and States use of a design, the Royal Court shall have regard to -
 
(a)      any sums which that person or a person from whom he derives title has received or is entitled to receive, directly or indirectly, from a department of the States or government department of the United Kingdom in respect of the design, and
 
(b)      whether that person or a person from whom he derives title has in the Royal Court's opinion without reasonable cause failed to comply with a request of the department of the States or government department of the United Kingdom for the use of the design on reasonable terms.
 
(3)      One of two or more joint owners of design right may, without the concurrence of the others, refer a dispute to the Royal Court under this section, but shall not do so unless the others are made parties, and none of those others is liable for any costs unless he takes part in the proceedings.
 
(4)      Where the consent of an exclusive licensee is required by section 32(3)(a)(i) to the settlement by agreement of the terms for Crown or States use of a design, a determination by the Royal Court of the amount of any payment to be made for that use is of no effect unless the licensee has been notified of the reference and given an opportunity to be heard.
 
(5)      On the reference of a dispute as to the amount recoverable as mentioned in section 32(3)(a)(ii) (right of exclusive licensee to recover part of amount payable to design right owner) the Royal Court shall determine what is just having regard to any expenditure incurred by the licensee -
 
(a)      in developing the design, or
 
(b)      in making payments to the design right owner in consideration of the licence (other than royalties or other payments determined by reference to the use of the design).
 
PART V
MISCELLANEOUS PROVISIONS & INTERPRETATION
 
Remedy for groundless threats of infringement proceedings.
40.      (1)      Where a person (whether entitled to or interested in a design or not) by circulars, advertisements or otherwise threatens another person with proceedings for infringement of design right, a person aggrieved by the threats may bring an action against him claiming -
 
(a)      a declaration to the effect that the threats are unjustifiable,
 
(b)      an injunction against the continuance of the threats,
 
(c)      damages in respect of any loss which he has sustained by the threats.
 
(2)      If the defendant proves that the acts in respect of which proceedings were threatened constitute or, if done, would constitute an infringement of the design right concerned, the plaintiff is not entitled to the relief claimed.
 
(3)      Proceedings may not be brought under this section in respect of a threat to bring proceedings for an infringement alleged to consist of making or importing anything.
 
(4)      Mere notification that a design is protected by design right does not constitute a threat of proceedings for the purposes of this section.
 
Licensee under licence of right not to claim connection with design right owner.
41.      (1)      A person who has a licence in respect of a design by virtue of section 28 (licences of right) shall not, without the consent of the design right owner-
 
(a)      apply to goods which he is marketing, or proposes to market, in reliance on that licence a trade description indicating that he is the licensee of the design right owner, or
 
(b)      use any such trade description in an advertisement in relation to such goods.
 
(2)      A contravention of subsection (1) is actionable by the design right owner.
 
(3)      In this section a "trade description" is an indication, direct or indirect, and by whatever means given, of any of the following matters with respect to any goods or part of goods -
 
(a)      quantity, size or gauge,
 
(b)      method of manufacture, production, processing or reconditioning,
 
(c)      composition,
 
(d)      fitness for purpose, strength, performance, behaviour or accuracy,
 
(e)      any physical characteristics not included in the preceding paragraphs,
 
(f)      testing by any person and results thereof,
 
(g)      approval by any person or conformity with a type approved by any person,
 
(h)      place or date of manufacture, production, processing or reconditioning,
 
(i)      person by whom manufactured, produced, processed or reconditioned, or
 
(j)      other history, including previous ownership or use.
 
(4)      In this section -
 
"advertisement" includes a catalogue, circular and price list,
 
"goods" includes ships and aircraft and things attached to land,
 
"quantity" includes length, width, height, area, volume, capacity, weight and number, and
 
"ship" includes any boat and any other description of vessel used in navigation.
 
(5)      Notwithstanding anything in subsections (1) to (4), any description, designation, statement, name, expression or mark applied in pursuance of any enactment or statutory instrument having force of law in the Bailiwick or any part thereof shall be deemed for the purposes of this section not to be a trade description.
 
Countries enjoying reciprocal protection.
42.      (1)      The Department may, if it appears to it that the law of a country provides adequate protection for Bailiwick designs, by regulation designate that country as one enjoying reciprocal protection under this Ordinance.
 
(2)      If the law of a country provides adequate protection only for certain classes of Bailiwick design, or only for designs applied to certain classes of product, any regulation designating that country shall contain provision limiting, to a corresponding extent, the protection afforded by this Ordinance in relation to designs connected with that country.
 
 
Territorial waters.
43.      For the purpose of this Ordinance the territorial waters adjacent to the Bailiwick shall be treated as part of the Bailiwick.
 
Guernsey ships.
44.      (1)      This Ordinance applies to things done on a Guernsey ship as it applies to things done in the Bailiwick.
 
(2)      In this section "Guernsey ship" means a ship registered in Guernsey under the Merchant Shipping Act 1894[g].
 
Construction of references to design right owner.
45.      (1)      Where different persons are (whether in consequence of a partial assignment or otherwise) entitled to different aspects of design right in a work, the design right owner for any purpose of this Ordinance is the person who is entitled to the right in the respect relevant for that purpose.
 
(2)      Where design right (or any aspect of design right) is owned by more than one person jointly, references in this Ordinance to the design right owner are to all the owners, so that, in particular, any requirement for the licence of the design right owner requires the licence of all of them.
 
Joint designs.
46.      (1)      In this Ordinance a "joint design" means a design produced by the collaboration of two or more designers in which the contribution of each is not distinct from that of the other or others.
 
(2)      References in this Ordinance to the designer of a design shall, except as otherwise provided, be construed in relation to a joint design as references to all the designers of the design.
 
General interpretation.
47.      (1)      In this Ordinance, unless the context requires otherwise -
 
"available to the public" : see section 1(7),
 
"Bailiff" means the Bailiff, Deputy Bailiff, Lieutenant-Bailiff and Juge Délégué,
 
"Bailiwick" means the Bailiwick of Guernsey, including the territorial waters adjacent thereto,
 
"Bailiwick design" means a design which qualifies for design right protection by reason of a connection with the Bailiwick of the designer or the person by whom the design is commissioned or the designer is employed and, for the purposes of this definition, and without limitation, British citizenship shall be treated as a connection with the Bailiwick,
 
"business" includes a trade or profession,
 
"commercial purposes" : see subsection (3),
 
"commission" means a commission for money or money's worth,
 
"complex product" means a product which is composed of at least two replaceable component parts, permitting disassembly and reassembly of the product,
 
"computer-generated", in relation to a design, means that it is generated by computer in circumstances such that there is no human designer,
 
"country" includes any territory,
 
"Crown" includes the Crown in right of the Bailiwick,
 
"Crown or States use" : see section 30(6),      
 
"customs Laws" and "excise Laws" mean those provisions of the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law, 1972[h], and any other enactment for the time being in force, relating to customs or, as the case may be, excise,
 
"a department" of the States means any department, council or committee of the States of Guernsey, the States of Alderney or the Chief Pleas of Sark, however called,
 
"the Department" means the States of Guernsey Commerce and Employment Department,
 
"department concerned" : see section 30(6),
 
"design" : see section 1(2),
 
"design document" means any record of a design, whether in the form of a drawing, a written description, a photograph, data stored in a computer or otherwise,
 
"design right" : see section 1(1),
 
"design right owner" : see sections 22(2) and 45,
 
"designer" : see section 3,
 
"EEA" and related expressions : see subsection (4),
 
"employment" means employment under a contract of service or of apprenticeship (whether written or oral, express or implied), and related expressions shall be construed accordingly,
 
"exclusive licence" : see section 14(1),
 
"government department" of the United Kingdom includes any Northern Ireland department, any part of the Scottish Administration and any committee of the National Assembly for Wales,
 
"individual character" : see section 1(4),
 
"infringing product" : see section 17,
 
"joint design" : see section 46,
 
"kit form" : see section 48,
 
"licence" of the design right owner : see sections 11(4), 12(3) and 45,
 
"made available to the public" : see section 1(7),
 
"making" products to a design : see section 15(2),
 
"marketing" : see subsection (2),
 
"original", in relation to a design : see section 1(3),
 
"owner" of a design right : see sections 4 and 45,
 
"product" means any industrial or handicraft item, including packaging, get-up, graphic symbols, typographic type-faces and parts intended to be assembled into a complex product, but not including a computer program,
 
"qualifying country" : see section 6(2),
 
"qualifying individual" : see section 6(1),
 
"qualifying person" : see section 6(1),
 
"Registrar" means the Registrar of Intellectual Property appointed under the Intellectual Property (Office of Registrar) (Bailiwick of Guernsey) Ordinance, 2005,
 
"Royal Court" means the Royal Court sitting as an Ordinary Court, constituted in accordance with section 28(4),
 
"services of the Crown or the States " : see section 30(3),
 
"signed" : see section 49,
 
"States" means the States of Guernsey,
 
and other words or expressions which are defined in the Intellectual Property (Enabling Provisions) (Bailiwick of Guernsey) Law, 2004[i] have the same meanings as in that Law.
 
(2)      References in this Ordinance to "marketing" in relation to a product are to its being sold or let for hire, or offered or exposed for sale or hire, in the course of a business, and related expressions shall be construed accordingly, but no account shall be taken for the purposes of this Ordinance of marketing which is merely colourable and not intended to satisfy the reasonable requirements of the public.
 
(3)      Reference in this Ordinance to an act being done in relation to a product for "commercial purposes" are to its being done with a view to the product in question being sold or hired in the course of a business.
 
(4)      In this Ordinance -
 
"EEA" means the European Economic Area,
 
"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on the 2nd May, 1992, as adjusted by the Protocol signed at Brussels on the 17th March, 1993,
 
"EEA national" means a national of an EEA State, and
 
"EEA State" means a state which is a contracting party to the EEA Agreement,
 
and references in this Ordinance to a person being an EEA national shall be construed in relation to a body corporate as references to its being incorporated under the law of an EEA State.
 
(5)      The Interpretation (Guernsey) Law, 1948[j] applies to the interpretation of this Ordinance throughout the Bailiwick.
 
(6)      Any reference in this Ordinance to an enactment, statutory instrument or rule of court is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied.
 
Application to products in kit form.
48.      (1)      The provisions of this Ordinance apply in relation to a kit, that is, a complete or substantially complete set of components intended to be assembled into a product, as they apply in relation to the assembled product.
 
(2)      Subsection (1) does not affect the question of whether design right subsists in any aspect of the design of the components of a kit as opposed to the design of the assembled product.
 
Requirement of signature: application in relation to body corporate.
49.      The requirement in the following provisions that an instrument be signed by or on behalf of a person is also satisfied in the case of a body corporate by the affixing of its seal -
 
(a)      section 11(3) (assignment of design right),
 
(b)      section 12(1) (assignment of future design right), and
 
(c)      section 14(1) (grant of exclusive licence).
 
General provisions as to subordinate legislation.
50.      (1)      Any regulation under this Ordinance -
 
(a)      may be amended or repealed by a subsequent regulation hereunder,
 
(b)      may contain such consequential, incidental, supplementary and transitional provision as may appear to be necessary or expedient, and
 
(c)      may contain provision making consequential amendments to this Ordinance.
 
(2)      Any power conferred by this Ordinance to make any regulation may be exercised -
 
(a)      in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of cases,
 
(b)      so as to make, as respects the cases in relation to which it is exercised -
 
(i)      the full provision to which the power extends, or any lesser provision (whether by way of exception or otherwise),
 
(ii)      the same provision for all cases, or different provision for different cases or classes of cases, or different provision for the same case or class of case for different purposes,
 
(iii)      any such provision either unconditionally or subject to any prescribed conditions.
 
(3)      Any regulation made by the Department under this Ordinance shall be laid before a meeting of the States of Deliberation as soon as possible after being made; and, if at that or the next meeting the States of Deliberation resolve to annul the regulation, then it shall cease to have effect, but without prejudice to anything done under it or to the making of a new regulation.
 
Saving for forfeited goods.
51.      Nothing in this Ordinance affects the right of the States or any person deriving title directly or indirectly from the States to sell or use products forfeited under the customs Laws or excise Laws.
 
Citation.
52.      This Ordinance may be cited as the Unregistered Design Rights (Bailiwick of Guernsey) Ordinance, 2005.
 
Extent.
53.      This Ordinance has effect throughout the Bailiwick.
 
Commencement.
54.      This Ordinance shall come into force on the 1st January, 2006.

[a]

Article XIX of Billet d'État No. XXIII of 2002.

[b]

Order in Council No. XIV of 2004.

[c]

An Act of Parliament (1995 c. 32).

[d]

Ordres en Conseil Vol. XXIV, p. 87.

[e]

Ordres en Conseil Vol. XXXII, p. 192.

[f]

Ordres en Conseil Vol. XX, p. 6; amended by Vol. XXXI, p. 154; No. XIV of 2001; No. VII of 2005; and by the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003 (No. XXXIII of 2003).

[g]

An Act of Parliament (57 & 58 Vict. c. 60).

[h]

Order in Council Vol. XXIII, p. 573.

[i]

Order in Council No. XIV of 2004.

[j]

Ordres en Conseil Vol. XIII, p. 355.